Heupel v. Jenkins

919 N.E.2d 378, 395 Ill. App. 3d 689, 335 Ill. Dec. 659, 2009 Ill. App. LEXIS 1080
CourtAppellate Court of Illinois
DecidedNovember 10, 2009
Docket1-07-1338 Rel
StatusPublished
Cited by3 cases

This text of 919 N.E.2d 378 (Heupel v. Jenkins) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heupel v. Jenkins, 919 N.E.2d 378, 395 Ill. App. 3d 689, 335 Ill. Dec. 659, 2009 Ill. App. LEXIS 1080 (Ill. Ct. App. 2009).

Opinion

JUSTICE COLEMAN

delivered the opinion of the court: 1

This cause of action arises from a September 7, 2000, accident involving two cars and a pedestrian. Plaintiff, Katherine Heupel, was walking southbound on the sidewalk on Woodlawn Avenue nearing the intersection of Woodlawn Avenue and 55th Street in Chicago, Illinois. Defendant, Jorie Lynn Jenkins, was driving westbound on 55th Street. The driver of a second vehicle, Nivethitha Murugeson, was traveling eastbound on 55th Street. At the intersection of 55th Street and Woodlawn Avenue, Murugeson stopped in the left-turn lane and waited for traffic to clear. Meanwhile, Jenkins also approached the intersection. The traffic light was green for east-west traffic. It is unclear when the light turned yellow or red, but the two cars driven by Jenkins and Murugeson collided in the intersection. Jenkins’ car then spun into the nearby sidewalk, struck Heupel, and pinned her against a building. Heupel suffered extensive injuries.

Prior to filing the instant lawsuit, Heupel and Murugeson reached a settlement agreement for $100,000, the limit of Murugeson’s insurance policy. Following a trial, the jury returned a verdict in favor of Jenkins. Heupel appealed. On appeal, Heupel argued that the trial court erred in denying her motion for judgment notwithstanding the verdict or, alternatively, a new trial; defense counsel’s improper closing arguments were prejudicial; the trial court erred in issuing the long form of Illinois Pattern Jury Instructions, Civil, No. 12.04 (2000) to the jury; and the trial court erred by including Murugeson on one of the jury verdict forms. This court affirmed. Heupel v. Jenkins, 379 Ill. App. 3d 893 (2008).

Heupel filed a petition for leave to appeal with the Supreme Court of Illinois. In the exercise of its supervisory authority, the Illinois Supreme Court directed this court to vacate our judgment in Heupel v. Jenkins, 379 Ill. App. 3d 893 (2008), and reconsider it in light of Ready v. United/Goedecke Services, Inc., 232 Ill. 2d 369 (2008), to determine if a different result is warranted. In accordance with the Illinois Supreme Court’s directive, we vacate our earlier opinion in this case. Based upon our reconsideration of the instant case in light of Ready, we reverse and remand for a new trial.

Central to the issue before the court is section 2 — 1117 of the Illinois Code of Civil Procedure, which provides:

“Any defendant whose fault, as determined by the trier of fact, is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant except the plaintiffs employer, shall be severally liable for all other [nonmedical] damages. Any defendant whose fault, as determined by the trier of fact, is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants except the plaintiffs employer, shall be jointly and severally liable for all other damages.” 735 ILCS 5/2 — 1117 (West 2004).

In Ready, our supreme court held that good-faith settling tortfeasors are not “defendants sued by the plaintiff’ within the meaning of section 2 — 1117. Ready, 232 Ill. 2d at 385. Although the Ready court limited its analysis to the version of section 2 — 1117 in effect at the time of the plaintiffs accident, i.e., the 1986 version (Ready, 232 Ill. 2d at 374), the 2003 amendment merely excluded the plaintiff’s employer from the third-party defendants subject to a finding of fault and did not alter the other parties subject to the allocation of fault (735 ILCS 5/2 — 1117 (West 2004)). Thus, the analysis in Ready applies equally to the instant case where the statutory language at issue, i.e., “defendants sued by the plaintiff,” is identical to the language construed by the court in Ready, and there is nothing to suggest that that language has a different meaning after the 2003 amendment.

In Ready, following a jury trial, the circuit court of Cook County entered judgment in favor of the plaintiff Terry Ready in a wrongful-death action stemming from the death of her husband, Michael Ready, in a workplace accident. Ready, 232 Ill. 2d at 371. The wrongful death suit named two defendants: United/Goedecke Services, Inc., and BMW Constructors, Inc. After both the defendants filed third-party contribution claims against Michael Ready’s employer, Midwest Generation, L.L.C., the plaintiff amended the complaint to add Midwest as a defendant. Thereafter, BMW and Midwest settled with the plaintiff. United did not object to the settlements and the trial court found they were made in good faith. Ready, 232 Ill. 2d at 372. As a result of pretrial rulings, United was not allowed to present any evidence at trial regarding the conduct of the settling defendants. Ready, 232 Ill. 2d at 373. The trial court also denied United’s motion to list BMW and Midwest on the verdict form. The jury awarded the plaintiff $14.23 million in damages. Ready, 232 Ill. 2d at 373. The trial court found United jointly and severally liable for the amount of the verdict remaining after offsets for Ready’s comparative negligence (35%) and the settlement amounts paid by BMW and Midwest. Ready, 232 Ill. 2d at 373.

On appeal, United argued that the trial court erred by refusing to include the settling defendants on the verdict form in order for the jury to determine their share of fault, if any. Ready, 232 Ill. 2d at 373. The appellate court affirmed in part, reversed in part, and remanded for a reapportioning of fault because BMW and Midwest should have been on the verdict form. The Illinois Supreme Court allowed the plaintiffs petition for leave to appeal.

The central issue before our supreme court was whether settled tortfeasors are “defendants sued by the plaintiff’ within the meaning of section 2 — 1117. Ready, 232 Ill. 2d at 374. The court concluded that they are not “defendants sued by the plaintiff’ and, thus, settled tortfeasors should not be listed on the verdict form. In reaching its conclusion, the court examined the language of the statute to determine the legislative intent and found the language of the statute ambiguous as to the intended meaning of “defendants sued by the plaintiff.” Ready, 232 Ill. 2d at 377-78.

The court found support for its determination that the language of section 2 — 1117 is ambiguous in the conflicting interpretations of the statute by the Illinois Appellate Court, though the different appellate interpretations are not dispositive as to ambiguity. Ready, 232 Ill. 2d at 379. The court also looked to other tools of statutory interpretation, including the principle that, “where the legislature chooses not to amend a statute after judicial construction, it is presumed that the legislature has acquiesced in the court’s statement of the legislative intent.” Ready, 232 Ill. 2d at 380, citing Wakulich v. Mraz, 203 Ill. 2d 223, 233 (2003); Bruso v. Alexian Brothers Hospital, 178 Ill. 2d 445, 457-59 (1997). In 1995, prior to Public Act 89 — 7, effective March 9, 1995, the appellate court held in Blake v. Hy Ho Restaurant, Inc., 273 Ill. App. 3d 372 (1995), that settling defendants were not to be included in the apportionment of fault under section 2 — 1117. The legislature failed to address the Blake holding in the amendment.

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Bluebook (online)
919 N.E.2d 378, 395 Ill. App. 3d 689, 335 Ill. Dec. 659, 2009 Ill. App. LEXIS 1080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heupel-v-jenkins-illappct-2009.